property offences and theft

Question 1

what are property offences

Answer 1

Mainly focused on criminalising the act of taking someone else’s property, the possession of stolen property as well as the acts of damaging property

As well as physical objects, this area of law also encompasses objects less tangible – intellectual property or online objects

Question 2

name 6 property offences

Answer 2

Theft: D dishonestly appropriates V’s property

Robbery: D uses force to steal V’s property

Burglary: D trespasses onto V’s property, committing one of a number of offences

Handling stolen goods: D deals in specified ways with V’s property, which has been stolen

Blackmail: D threatens V to get their property

Criminal Damage: D damages V’s property

Question 3

S1(1) theft act

Answer 3

a person is guilty of theft if he dishonestly appropriates property belonging to another, with the intention of permanently depriving the other of it

Question 4

what is appropriation

Answer 4

S3 Theft Act 1968

“Any assumption by a person of the rights of an owner amounts to an appropriation, and this includes, where he has come by the property without stealing it, any later assumption of a right to it by keeping or dealing with it as owner.”

Question 5

what does appropriation mean

Answer 5

There are 3 central points which have developed, through extended discussion:

• Assuming the rights of the owner
• Was there consent?
• Appropriation with a civil title

Question 6

assuming the rights of an owner

Answer 6

Assuming the rights of an owner will amount to appropriation – this is where D takes V property and then treats it as their own

What about if D sells it, but does not physically interfere

Rights of an owner is multi-faceted – not singular

Question 7

Morris 1984

Answer 7

D switched labels on some goods at a supermarket in order to purchase expensive goods at a more acceptable price

Charged with Theft

When swapping the labels, D assumed a right of the owner (to be able to price goods) and this was enough to amount to appropriation

Question 8

appropriation as a continual event

Answer 8

Even with a single D, there may be multiple acts of appropriation

If D takes an item from V, intending to return it later – appropriating physical control – and then decides to keep it – appropriating further rights of legal ownership

Question 9

Gomez 1993 - appropriation with consent

Answer 9

D was assistant manager of an electric goods shop, who convinced manager to allow a customer to buy items using cheques that D knew were stolen and therefore worthless

The D was liable, and the HoL confirmed that V’s consent is irrelevant – D appropriated where he tricked the V and claimed ownership rights

As long as D assumes a right of ownership over the V’s property, there will be an appropriation

It is irrelevant whether consented to or not

Question 10

Hinks 2000 - appropriation with full civil title

Answer 10

D befriended a man who was described as naïve, trusting and of limited intelligence

Over 6 months she took the V to his building society and was given the maximum withdrawal – totalling £60,000 eventually

Charged with theft – despite the fact that in civil law it was legal, it can still be an appropriation and a theft

Question 11

what does S4 TA 1968 define property as

Answer 11

including money and all other property, real or personal, including things in action and other intangible property

Question 12

what is real property

Answer 12

Reference to Land, you can be guilty for the theft of certain land rights

Question 13

what is personal property

Answer 13

All property which is now land, includes property which is illegal or prohibited

Question 14

what does things in action refer to

Answer 14

Refers to intangible property – typically money within a bank

Question 15

exceptions of theft

Answer 15

Wild mushroom and flowers – S4(3)
- Taking flowers, fruit or foliage is not theft, although taking or digging up a whole plant may be

Dependant on intended use
- If for own purposes, then not theft, it for commercial purposes then could be

Entirely dependent on intention

Question 16

wild creatures - S4(4) TA 1968

Answer 16

Wild creatures are regarded as property, and unless it is in captivity cannot be stolen

There may be issues regarding poaching, but not necessarily theft

Question 17

electricity and theft

Answer 17

Not property for the circumstances of Theft, but wasting or diverting electricity is another offence under S13

Question 18

confidential info

Answer 18

Information is not sufficient to be property under the TA, but there may be issues of trade secrets

Question 19

services and theft

Answer 19

A failure to pay for services likely won’t amount to theft, but an offence under S11 TA

Question 20

bodies and theft

Answer 20

Traditionally were not classed as property, but those that are controlled are likely to amount to a theft

Question 21

belonging to another

Answer 21

A big element of Theft is that is designed to protect the ownership rights of other people’s property

Therefore, you need to ensure that the property belonged to another at the point of appropriation

Question 22

S5 TA 1968

Answer 22

Property shall be regarded as belonging to any person having possession or control of it, or having in it an propriety right or interest”

Question 23

Rostrom 2003 - possession or control

Answer 23

D and others trespassed onto a golf course, with diving apparatus to take lost golf balls.

Held that the balls belonged to the golf course and even though the owners didn’t intend to retrieve the balls, they maintained possession and control

Question 24

Turner 1971 - someone else in control of your property

Answer 24

D having car repaired at garage, on collection he used a spare set of keys in order to take car without paying the bill. Charged with theft of own car.

The garage had possession and control, although D was legal owner – the car at that time, belonged to the garage

Question 25

intention to permanently deprive

Answer 25

When the D stole something, they did so with the intent to permanently deprive the other one of it

This does not need to be for the D’s benefit – it can be stolen for the use of someone else

There is no need for D to actually permanently deprive V of it – just to intend that that is what they would do with the object

Question 26

what if D intends to ransom or sell back to V?

Answer 26

technically not permanent deprivation, but is held under S6 TA to be treating property as own

Question 27

what is D intends to replace with identical property

Answer 27

Still theft, you’ve still deprived V of the original property – interesting view regarding money

Question 28

Velumyl 1989

Answer 28

D, an employee – took money from the company safe and intended to return it after the weekend

Held to be guilty of Theft – did not intend to return the same notes and coins.

Note: many of these cases fail on the dishonesty element and it is an odd principle for the court to state (considering cash can usually be swapped within Law)

Question 29

dishonesty

Answer 29

In order to satisfy Theft, this is a crucial element – the appropriation itself must be dishonest

There are so many elements of theft which could be innocent – dishonesty narrows the offence to those who are criminal

However, there is no statutory definition but there are examples of when D is not dishonest

Question 30

S2(1)

Answer 30

A) If he appropriates the property in the belief that he has in law, the right to deprive the other of it, on behalf of himself or of a third person
B) If he appropriates the property in the belief that he would have the others consent if the other knew of the appropriation and the circumstances of it
C) If he appropriates the property in the belief that the person to whom the property belongs cannot be discovered by taking reasonable steps

Question 31

S2(1) a

Answer 31

Did the D believe they had a legal right to the property?

It’s dependant on the D’s honest belief (not reasonable) that they had a right to the property

Most likely to exist when D accidentally takes the property by accident

Question 32

S2(1) b

Answer 32

Most likely to be considered with family and friends, when it is likely that they would approve of the circumstances

If D honestly believed they would consent, then it would be enough

Question 33

S2(1) c

Answer 33

To help those who discover seemingly abandoned property

Again, a question of whether they feel that could not honestly find the person through reasonable steps

It doesn’t mean impossible, but more than reasonably expected

Question 34

common law def of dishonesty

Answer 34

In the absence of statutory definition, it has fallen to the courts to define

Ivey v Genting Casino 2017

a) What was the actual state of D’s knowledge or belief to the facts?
b) Was D’s conduct dishonest by the standards of ordinary decent people?

Question 35

common law def of dishonesty step 1 A

Answer 35

What was the state of D’s knowledge or belief to the facts?

Subjective test, focused on minds of D

Not based on whether they feel as if they’ve been honest or not

It is down to the certain knowledge they held towards their conduct

Question 36

common law def of dishonesty step 2 B

Answer 36

Was D’s conduct dishonest by the standards of ordinary decent people?

Objective and focused on D’s conduct as against the standard for society and dishonesty

This standard is down to commonly held beliefs of society, rather than anything more formal